The Simple Quit Claim Deed is a fundamental instrument in Canadian real estate law used when one party (the grantor) wishes to transfer whatever interest they may have in a property to another party (the grantee) without making any representations or warranties about the quality of the title or the extent of their ownership rights. This type of deed is commonly used in family property transfers, divorce settlements, clearing up potential title issues, or resolving boundary disputes. Unlike a warranty deed, a Simple Quit Claim Deed offers no guarantees about the status of the title or protection against claims from third parties. The document must conform to provincial land registry requirements and typically needs to be properly witnessed and notarized. It's particularly useful in situations where the grantor is unsure of their exact interest in the property or wants to release any potential claims they might have.
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1. Identification of Parties: Full legal names and addresses of the Grantor (person transferring the property) and Grantee (person receiving the property)
2. Property Description: Legal description of the property being transferred, including lot number, plan number, and municipal address
3. Words of Transfer: Specific language that releases and quitclaims the Grantor's interest in the property to the Grantee
4. Consideration: Statement of the amount paid or other consideration given for the transfer
5. Execution: Signature block with date, witness requirements, and notary/commissioner acknowledgment
6. Compliance Statement: Statement confirming compliance with relevant provincial land transfer legislation
1. Spousal Consent: Required if the property is or was a matrimonial home and provincial family law requires spousal consent
2. Power of Attorney: Required if the deed is being executed by an attorney on behalf of the Grantor
3. Corporate Authorization: Required if either party is a corporation, confirming authority to execute the deed
4. Tax Declarations: Statements regarding land transfer tax status or exemptions, if required by the province
5. Prior Encumbrances: List of any existing mortgages, liens, or other encumbrances that will remain on title
1. Schedule A: Detailed legal description of the property if too lengthy to include in main document
2. Schedule B: Survey or reference plan of the property, if required
3. Schedule C: List of permitted encumbrances, if applicable
4. Certificate of Independent Legal Advice: If required, confirmation that parties received independent legal advice
5. Corporate Resolution: If a corporate party is involved, resolution authorizing the transaction
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